"handling" means loading, packing or placing, unloading,
unpacking or removing or reloading, repacking or replacing dangerous goods in or from
any container, packaging, road vehicle or rail vehicle or at any facility for the
purposes of, in the course of or following transportation and includes storing dangerous
goods in the course of transportation;

"safety mark" includes a design, symbol, device, sign, label,
placard, letter, word, number, abbreviation or any combination of these that is to be
displayed on dangerous goods or containers, packaging, road vehicles or rail vehicles
used in the handling or transportation of dangerous goods;

"safety requirements" means requirements for

(a) the handling or transportation of dangerous goods,

(b) the reporting of handling or transportation of dangerous goods,

(c) the training of persons engaged in the handling or transportation of dangerous
goods, and

(d) the inspection of the handling or transportation of dangerous
goods;

"safety standards" means standards regulating the design,
construction, equipping, functioning or performance of containers, packaging, road
vehicles or rail vehicles used in the handling or transportation of dangerous
goods;

"shipping document" means a document that accompanies
dangerous goods being handled or transported and that describes or contains information
relating to the goods and, without restricting the generality of this definition,
includes a bill of lading, cargo manifest, shipping order and waybill;

"transportation" means transportation by a road vehicle or a
rail vehicle or both.

Application

2This Act does not apply to the handling or transportation of dangerous goods if
the dangerous goods are deemed under the regulations to be handled or transported or both
under the sole direction or control of the Minister of National Defence for
Canada.

Conflicting provisions

3(1) In the event of a conflict between

(a) a regulation made under this Act, or a permit issued under this Act,
and

(b) a regulation made under another Act,

the regulation made under this Act and the terms of the permit issued under this
Act prevail to the extent of the conflict.

Inspectors and analysts

6(1) If the minister is of the opinion that a person or the members of a class of
persons are qualified to act in the capacity of dangerous goods inspector under this
Act, the minister may designate the person or class.

(2) If the minister is of the opinion that a person or the members of a class of
persons are qualified to act in the capacity of analyst under this Act, the minister may
designate the person or class.

Inspector to show certificate of designation

7(1) An inspector must be provided with a certificate, in the prescribed form, of his
or her designation showing the purposes, classes of dangerous goods, road vehicles or
rail vehicles and the buildings or places for which he or she has been
designated.

(2) On entering or inspecting any building, place, container, packaging, road
vehicle or rail vehicle an inspector must, if so required, produce the certificate to
the person in charge of the thing or material being entered or inspected.

Powers of inspectors

8(1) For the purpose of ensuring compliance with this Act, regulations under it or a
permit under section 4 and within the scope of the inspector's certificate of
designation, an inspector may, at any reasonable time,

(a) enter and inspect any building, place, road vehicle or rail vehicle where the
inspector believes, on reasonable and probable grounds, that dangerous goods are being
handled or transported, and

(b) request the opening and inspection of, or open and inspect any container,
packaging, road vehicle or rail vehicle that the inspector believes, on reasonable and
probable grounds, is being used for the handling or transportation of dangerous
goods.

(2) In the course of an inspection under subsection (1), an inspector
may

(a) for the purpose of analysis, take samples of anything found in the building,
place, container, package, road vehicle or rail vehicle being inspected if the
inspector believes, on reasonable and probable grounds, the substance or thing to be
dangerous goods, and

(b) examine and remove, for the purpose of making copies and extracts of, any
books, records, shipping documents or other documents or papers that the inspector
believes, on reasonable and probable grounds, contain information relevant to the
administration or enforcement of this Act and the regulations.

(3) If an inspector is satisfied, on reasonable and probable grounds, that any
dangerous goods are being handled or transported other than in compliance with the
applicable prescribed safety marks, safety requirements, safety standards and shipping
documents, the inspector must, wherever possible, request the taking of, or take, any
measures necessary to remedy the failure to comply.

Inspector's power to detain and remove

9(1) An inspector may exercise the powers under this section if satisfied, on
reasonable and probable grounds, that

(a) there is occurring or has occurred a discharge, emission or escape of
dangerous goods from any container, packaging, road vehicle or rail vehicle by means
of which the dangerous goods are being handled or transported,

(b) there exists a serious and imminent danger of a discharge, emission or escape
of dangerous goods by reason of any condition occurring during the handling or
transportation of the dangerous goods, or

(c) a provision of this Act or the regulations or a term of a permit is being or
has been contravened.

(2) In circumstances referred to in subsection (1) the inspector may
do one or more of the following:

(a) take measures that the inspector considers necessary in order to prevent or
reduce any serious and imminent danger to life, health, property or the
environment;

(b) detain any dangerous goods, container, packaging, road vehicle or rail vehicle
that the inspector believes, on reasonable and probable grounds, to be related to the
discharge, emission or escape or condition that has arisen or is related to the
contravention that has occurred;

(c) remove or direct the removal of the detained goods, container, packaging, road
vehicle or rail vehicle to an appropriate place.

(3) Any property detained under this section must be released after

(a) the provisions of this Act, the regulations and the terms of a permit, if any,
have, in the opinion of the inspector, been complied with, or

(b) the danger to life, health, property or the environment has, in the opinion of
the inspector, been prevented or adequately reduced, as the case may be,

whichever occurs first.

(4) All costs and charges of the detention of a road vehicle or rail vehicle under
subsection
(2) are a lien on the road vehicle or rail vehicle, as the case may be, and
the lien may be enforced in the manner provided under the Warehouse Lien Act.

(5) Neither the government nor any person acting under the authority of this section
is liable for loss or damage arising from the detention of goods, containers, packaging,
a road vehicle or a rail vehicle or the destruction or deterioration of anything
detained under this section.

Assistance to inspectors

10A person must not, while an inspector is exercising powers or carrying out duties
and functions under this Act, do any of the following:

(a) fail to comply with any reasonable request of the inspector;

(b) knowingly make any false or misleading statement either verbally or in writing
to the inspector;

(c) unless authorized by the inspector, remove, alter or interfere in any way with
anything removed, being inspected or detained by the inspector;

(d) otherwise obstruct or hinder the inspector.

Part 4 — Certificates and Reports

Certificate of inspection, detention or sampling

11If an inspector inspects, detains or takes a sample of anything under this Act the
inspector must, on request, provide the person in charge of it with a certificate, in the
prescribed form, evidencing the inspection, detention or taking of the sample, as the case
may be.

Analyst's certificate or report as evidence

12Subject to sections 14 and 15, a certificate or report
appearing to have been signed by an inspector or an analyst stating that he or she has
inspected, analyzed or examined any road vehicle, rail vehicle, packaging, container,
shipping document, product, substance or organism and stating the results of the
inspection, analysis or examination

(a) is admissible in evidence in a prosecution for an offence under this Act without
proof of the signature or official character of the person appearing to have signed the
certificate or report, and

(b) in the absence of any evidence to the contrary, is proof of the statements
contained in the certificate or report.

Copies or extracts of certificate or report as evidence

13Subject to sections 14 and 15, a copy or an extract of a
certificate or report made by an inspector or analyst and appearing to have been certified
under an inspector's or analyst's signature as a true copy or extract

(a) is admissible in evidence in a prosecution for an offence under this Act without
proof of the signature or official character of the person appearing to have signed the
copy or extract of a certificate or report, and

(b) in the absence of any evidence to the contrary, has the same probative force as
the original document would have if it had been proved in the ordinary way.

Cross examination of inspector may be permitted by
court

14The party against whom a certificate or report is produced under section 12 or
against whom a copy or extract is produced under section 13 may, with leave of the court,
require the attendance of the inspector or analyst who signed or appears to have signed
the certificate, report, copy or extract for the purpose of a
cross-examination.

Notice of intention to introduce evidence

15A certificate, report, copy or extract referred to in section 12 or
13
must not be received in evidence unless the party intending to produce it has served on
the party against whom it is intended to be produced a notice of this intention together
with a duplicate of the certificate, report, copy or extract.

Part 5 — Offences and Penalties

Penalties

16(1) A person who contravenes section 5 or the terms of a permit issued under
section 4 commits an offence.

(2) A person who commits an offence under subsection (1) is
liable

(a) on a first conviction, to a fine of not more than $50 000 or to a term of
imprisonment of not more than 2 years, or both, and

(b) on a subsequent conviction, to a fine of not more than $100 000 or to a term
of imprisonment of not more than 2 years, or both.

(3) A person who contravenes section 10 or 21 (1) or (2) commits an
offence.

(4) A person who commits an offence under subsection (3) is liable on
conviction to a fine of not more than $10 000 or to a term of imprisonment of not more
than one year, or both.

(5) The Lieutenant Governor in Council may provide in regulations that a person, who
is guilty of an offence established under the regulations to this Act, is liable
to

(a) a fine of a prescribed amount not greater than $10 000,

(b) a prescribed term of imprisonment of not longer than one year, or

(c) both a prescribed fine and term of imprisonment that does not exceed the
maximum amount and term specified in paragraphs (a) and
(b).

Defence of due diligence

17Subject to section 18, in a prosecution for an offence against this Act or the
regulations, it is a defence for the person charged to prove that the person took all
reasonable measures to comply with this Act.

Offence by employee or agent

18In a prosecution for an offence against this Act or the regulations, it is
sufficient proof of the offence to establish that it was committed by an employee or agent
of the accused, whether or not the employee or agent is identified or has been prosecuted
for the offence, unless the accused establishes that the offence was committed without his
or her consent and that he or she took all reasonable measures to prevent its
commission.

Officers, directors and agents of corporation guilty of offence by
corporation

19An officer, director or agent of a corporation, who directs, authorizes, assents
to, acquiesces in or participates in the commission of an offence, is a party to and
guilty of the offence and is liable on conviction to the punishment provided for the
offence, whether or not the corporation has been prosecuted or convicted.

Time limit for bringing prosecution

20No prosecution for an offence against this Act or the regulations may be commenced
more than 2 years after the day the alleged offence was committed.

Part 6 — Miscellaneous

Duty to report discharge, emission or escape of dangerous
goods

21(1) If a discharge, emission or escape of dangerous goods from any container,
packaging, road vehicle or rail vehicle occurs, the person who, at that time, has the
charge, management or control of the dangerous goods must, in the manner and the
circumstances established by the regulations, report the discharge, emission or
escape.

(2) If a person is required to make a report under subsection (1), the person must,
as soon as possible, take all reasonable emergency measures consistent with public
safety to repair or remedy a dangerous condition or to reduce or mitigate danger to
life, health, property or the environment that results or may reasonably be expected to
result from the discharge, emission or escape.

(3) If an inspector is satisfied, on reasonable and probable grounds,
that

(a) a discharge, emission or escape referred to in subsection (1) has occurred or
might occur, and

(b) immediate action is necessary in order to carry out any reasonable emergency
measures referred to in subsection (2),

the inspector may take the emergency measures or request that the emergency
measures be taken by a person the inspector considers qualified to do so.

(4) Any inspector or other person required, requested or authorized to take
reasonable emergency measures under subsection (2) or (3) may enter and have access
to any place or property and may do all reasonable things in order to comply with either
or both of those subsections.

(5) A person requested to act under subsection (3) is not personally
liable for any damage in respect of any act or omission in the course of complying with
the request, unless it is shown that the person did not act reasonably in the
circumstances.

Evidence of financial responsibility

22The minister may require any person who engages in or who proposes to engage in
the transportation of dangerous goods to provide evidence of financial responsibility in a
form of insurance, an indemnity bond or any other form satisfactory to the
minister.

Local government control of transport on highways

23(1) A municipality may make bylaws with respect to highways under its direction,
control and management

(a) designating the route and time of travel of road vehicles transporting
dangerous goods, and

(b) prohibiting the carrying of dangerous goods on the highways specified in the
bylaw.

(2) A bylaw under subsection (1) does not come into force until it is
approved by the minister.

Agreements with Canada

24(1) With the approval of the Lieutenant Governor in Council, the minister may enter
into agreements with the government of Canada with respect to the administration and
enforcement of

(a) this Act and the regulations or any provision of this Act or the regulations,
and

(b) the federal Act, or any provision of that Act or the regulations made under
it.

(2) An agreement entered into under subsection (1) may provide for
any matters necessary for or incidental to the implementation, administration or
enforcement agreed on, or for the apportionment of any costs, expenses or revenues
arising from the agreement.

Power to make regulations

25(1) The Lieutenant Governor in Council may make regulations referred to in
section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) specifying products, substances and organisms to be included in the classes
listed in the Schedule;

(l) respecting shipping and other documents to be used in the handling or
transportation of dangerous goods, the information to be included in those documents
and the persons by whom and the manner in which these documents are to be used and
retained;

(m) establishing circumstances in which fees are or are not payable for
inspections or permits under this Act and determining the amount of those
fees;

(n) prescribing the forms of the certificates referred to in sections 7 and
11;

(o) establishing the manner of reporting and the information to be included in the
report under section 21 (1) and the circumstances in which a report need not be made
under that section;

(p) providing for the appeal of a decision to issue or a refusal to issue a permit
and establishing rules and procedures respecting that appeal.

(3) A regulation made under this section may adopt by reference, in whole or in part
and with any changes the Lieutenant Governor in Council considers necessary, any code,
standard or rule, as amended from time to time.

Schedule

Class 1:

Explosives, including explosives within the meaning of the
Explosives Act (Canada).

Flammable solids; substances liable to spontaneous combustion and
substances that on contact with water emit flammable gases.

Class 5:

Oxidizing substances; organic peroxides.

Class 6:

Poisonous (toxic) and infectious substances.

Class 7:

Radioactive materials and prescribed substances within the meaning of
the Atomic Energy Control Act (Canada).

Class 8:

Corrosives.

Class 9:

Miscellaneous products, substances or organisms that are considered by
the Lieutenant Governor in Council to be dangerous to life, health, property or
the environment when transported and are prescribed to be included in this
class.